A magistrate has dismissed a second criminal workplace safety charge against MSF Sugar.

Brett Quinn, 49, lost his life while operating a crane transporting a railway track near Cairns on July 28, 2019. 

The incident led charges to be laid against MSF Sugar, including an alleged failure to comply with an electrical safety duty.

One of its charges was thrown out in April this year.

In recent days, MSF Sugar's lawyers successfully argued in the Cairns Magistrates Court that the company had no case to answer. 

Sketches presented in court, including those drawn by Mr Quinn and a workplace safety inspector, indicated that the road and powerlines were outside the defined work area.

The company's work safety procedures mandated obtaining a permit for high-risk crane work within 5 metres of overhead lines. 

Notably, there was no evidence explaining why the crane deviated from the safety plan by traversing a bitumen road.

Body-worn camera footage from the crane driver's interview after the incident was also submitted to the court. 

The driver admitted he had been focused on Mr Quinn and failed to monitor the powerlines.

Prosecutors did not counter MSF Sugar's no-case application, and Magistrate Michael Dalton ruled in favour of the company. 

He emphasised that there was a defined work site, and “there were no electric lines in the work site”. 

The lack of evidence supporting the prosecution's claims led to the dismissal, with Magistrate Dalton stating; “There is no evidence upon which I could lawfully convict the defendant”. 

Had MSF Sugar been found guilty, it could have faced a maximum penalty of $1.5 million for the category 2 offence. 

MSF Sugar is reportedly seeking costs from the Office of the Work Health and Safety Prosecutor.